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UNITED STATES v. PATE

No. 13737.

318 F.2d 559 (1963)

UNITED STATES of America ex rel Leodis SMART, Relator-Appellant, v. Frank J. PATE, Warden, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

June 13, 1963.

Attorney(s) appearing for the Case

James T. Otis, Chicago, Ill., MacLeish, Spray, Price & Underwood, Chicago, Ill., of counsel, for appellant.

William C. Wines, Asst. Atty. Gen., Chicago, Ill., Edward A. Berman, Asst. Atty. Gen., of counsel, for appellee.

Before SCHNACKENBERG, KNOCH and SWYGERT, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Pursuant to our grant of a certificate of probable cause, Leodis Smart, relator, has appealed from the district court's order of April 16, 1962, which dismissed his application for a writ of habeas corpus, on motion of respondent, Frank J. Pate, warden of the Illinois State Penitentiary (Stateville Branch), filed pursuant to 28 U.S.C.A. § 2254.

The brief of able counsel, appointed...

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